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Taylor v. Vallelunga

District Court of Appeal of California
339 P.2d 910 (1959)


Facts

Clifford Gerlach sued Vallelunga (defendant) for damages claiming that he was beaten and struck by Vallelunga. As part of the same lawsuit Gerlach’s daughter, Gail E. Taylor (plaintiff), also sued Vallelunga. Taylor alleged that she was present and witnessed Vallelunga beat her father and thereby suffered severe emotional distress. Taylor does not claim that she suffered any physical disability or injury from the mental distress. Vallelunga demurred to her claim and Taylor’s claim was dismissed. Taylor appealed the dismissal of her claim to the District Court of Appeal of California.

Rule of Law

Issue

Holding and Reasoning (O’Donnell, J.)

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